

[Federal Register: September 28, 2007 (Volume 72, Number 188)]
[Rules and Regulations]               
[Page 55091-55100]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28se07-22]                         

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 173, 175 and 178

[Docket No. RSPA-04-17664 (HM-224B)]
RIN 2137-AD33

 
Hazardous Materials Regulations: Transportation of Compressed 
Oxygen, Other Oxidizing Gases and Chemical Oxygen Generators on 
Aircraft

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Final rule; response to appeals.

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SUMMARY: On January 31, 2007, PHMSA published a final rule that amended 
requirements in the Hazardous Materials Regulations applicable to the 
air transportation of compressed oxygen cylinders and oxygen 
generators. In response to appeals submitted by entities affected by 
the January 31 final rule, this final rule amends requirements adopted 
in the January 31, 2007 final rule and delays the effective

[[Page 55092]]

date of these requirements from October 1, 2007 to October 1, 2008.

DATES: Effective Date: The effective date of the amendments in the 
January 31, 2007 final rule (72 FR 4442) is delayed from October 1, 
2007 to October 1, 2008. The effective date of the amendments in this 
final rule is October 1, 2008.
    Voluntary compliance: Voluntary compliance with the requirements in 
the January 31 final rule was authorized as of March 2, 2007. Voluntary 
compliance with the amendments in the January 31 final rule, including 
those with a delayed compliance date, is authorized as of October 29, 
2007.

FOR FURTHER INFORMATION CONTACT: John A. Gale or T. Glenn Foster, 
Office of Hazardous Materials Standards, telephone (202) 366-8553, 
Pipeline and Hazardous Materials Administration, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., East Building, 2nd Floor, 
PHH-11, Washington, DC 20590-0001, or David Catey, Office of Flight 
Standards Service, telephone (202) 267-3732, Federal Aviation 
Administration, U.S. Department of Transportation, 800 Independence 
Avenue, SW., Washington, DC 20591.

SUPPLEMENTARY INFORMATION:

List of Topics

I. Supplementary Background
II. Appeals
    A. Outer Packaging That Meets Certain Flame Penetration and 
Thermal Resistance Requirements When Transported Aboard Aircraft
    B. Test Method in Appendix D to part 178 and Test Protocol for 
Outer Packaging
    C. Effective Date for Pressure Relief Device Settings on 
Cylinders of Compressed Oxygen and Other Oxidizing Gases
    D. Marking Requirements
    E. Authorized Cylinders for Compressed Oxygen and Other 
Oxidizing Gases
    F. Miscellaneous
III. Regulatory Analyses and Notices
    A. Statutory/Legal Authority for Rulemaking
    B. Executive Order 12866 and DOT Regulatory Policies and 
Procedures
    C. Executive Order 13132
    D. Executive Order 13175
    E. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Procedures and Policies
    F. Unfunded Mandates Reform Act of 1995
    G. Paperwork Reduction Act
    H. Regulation Identifier Number (RIN)
    I. Privacy Act

I. Supplementary Background

    On January 31, 2007, PHMSA, in cooperation with the Federal 
Aviation Administration (FAA), issued a final rule under Docket No. 
RSPA-04-17664 (HM-224B) enhancing the safety standards for 
transportation by air of compressed oxygen, other oxidizing gases and 
chemical oxygen generators (72 FR 4442). Specifically, the January 31 
final rule:
    (1) Requires cylinders of compressed oxygen and other oxidizing 
gases and packages of chemical oxygen generators to be placed in an 
outer packaging that meets certain flame penetration and thermal 
resistance requirements when transported aboard an aircraft;
    (2) Revises the pressure relief device (PRD) setting limit on 
cylinders of compressed oxygen and other oxidizing gases transported 
aboard aircraft;
    (3) Limits the types of cylinders authorized for transporting 
compressed oxygen aboard aircraft; and
    (4) Converts most of the provisions of an oxygen generator approval 
into requirements in the HMR.

II. Appeals

    The following organizations submitted appeals to the January 31 
final rule, in accordance with 49 CFR part 106: Air Canada (AC); Barlen 
and Associates, Inc. (Barlen); PSI Plus, Inc. (PSI); and United 
Airlines, Inc. (United). Delta Airlines (Delta) also submitted a letter 
expressing its general support for United's formal appeal. The 
appellants based their appeals on several aspects of the January 31 
final rule, most notably, the effective date of certain requirements in 
the rule, cost and availability of the required outer packaging, 
marking requirements, and thermal resistance testing. We also received 
requests for clarification of certain requirements of the January 31 
final rule. The Good View Trading Company (GVT) also expressed concerns 
about the impact the January 31 final rule will have on the current 
exceptions for live fish transported aboard aircraft.
    In this final rule, we are granting the request to delay the 
mandatory effective date from October 1, 2007 until October 1, 2008 to 
require a new limit on the pressure relief device (PRD) settings on 
cylinders containing compressed oxygen or other oxidizing gases when 
transported aboard aircraft. We are clarifying the thermal resistance 
test methods for packagings for oxygen cylinders and oxygen generators 
in Appendix D to part 178. We are granting the request to include DOT 
specification 3E and 39 cylinders among the types of cylinders 
authorized for the transportation of compressed oxygen and other 
oxidizing gases aboard aircraft. In addition, we are providing a 
marking option to ensure easier identification of cylinders equipped 
with the new PRD and outer packagings meeting the flame penetration and 
thermal resistance requirements. The appeals and issues of the 
appellants and other concerned parties are discussed in detail below.

A. Outer Packaging That Meets Certain Flame Penetration and Thermal 
Resistance Requirements When Transported Aboard Aircraft

    The January 31 final rule amended the HMR to require cylinders of 
compressed oxygen and other oxidizing gases and chemical oxygen 
generators to be transported in an outer packaging that: (1) Meets the 
same flame penetration resistance standards as required for cargo 
compartment sidewalls and ceiling panels in transport category 
airplanes; and (2) provides certain thermal protection capabilities so 
as to retain its contents during an otherwise controllable cargo 
compartment fire. The outer packaging standard adopted in the January 
31 final rule addresses two safety concerns: (1) Protecting a cylinder 
and an oxygen generator that could be exposed directly to flames from a 
fire; and (2) protecting a cylinder and an oxygen generator that could 
be exposed indirectly to heat from a fire. These performance 
requirements must remain in effect for the entire service life of the 
outer packaging.
    Under the January 31 final rule, an outer packaging for a cylinder 
containing compressed oxygen or another oxidizing gas and a package 
containing an oxygen generator must meet the standards in Part III of 
Appendix F to 14 CFR part 25, Test Method to Determine Flame 
Penetration Resistance of Cargo Compartment Liners. An outer 
packaging's materials of construction must prevent penetration by a 
flame of 1,700 [deg]F for five minutes, in accordance with Part III of 
Appendix F, paragraphs (a)(3) and (f)(5) of 14 CFR part 25. A method 
for thermal resistance testing of packagings for oxygen cylinders and 
oxygen generators was added by the January 31 final rule under a new 
Appendix D to part 178 of the HMR. To ease understanding of and 
compliance with the flame penetration test requirements, in this final 
rule we are adding a new Appendix E to part 178, which will include the 
entire test procedure. This will eliminate the necessity for persons 
performing the flame penetration test to refer to the requirements in 
Appendix F to 14 CFR part 25.
    In its appeal, United expresses concern about several aspects of 
these provisions, including international repercussions, risk 
assessment and analysis, effects of this rulemaking on travelers 
requiring medical oxygen, and the cost basis for the packaging required 
by the January 31 final rule.

[[Page 55093]]

Specifically, United contends that no test data or other substantiation 
of compliance with requirements for outer packaging by any packaging 
manufacturer was placed in the public docket. United also states that 
although the January 31 final rule indicates at least one packaging 
manufacturer appears to have addressed the flame penetration and 
thermal penetration standard and is able to produce the required 
packaging, neither this company nor any other has actually produced it. 
In addition, United contends that because the packaging required by the 
January 31 final rule does not yet exist, the cost estimates made by 
the agency are unreliable.
    We are not persuaded that the required packagings will be 
unavailable or that we have underestimated the cost of bringing them to 
market. PHMSA issued the January 31 final rule only after reviewing 
test data and other materials substantiating the development of 
packagings meeting the performance standard. Based on consultation with 
companies that are able to produce similar packaging and reviewing 
their packaging prototypes, supporting test documentation and cost 
estimates, we believe the required packaging will be available in 
sufficient time for the affected parties to comply with this 
requirement. (Because of its confidential proprietary nature, we did 
not post this documentation in the public docket for this rulemaking.) 
PHMSA and FAA intend to closely monitor the availability of the 
required packaging as the effective date of this provision approaches 
and will consider an extension of the compliance date for this 
requirement if it is determined that a sufficient supply of the 
required outer packaging is not available.
    Likewise, the fact that the required packaging is not yet 
commercially available does not make the cost estimates for this 
rulemaking unreasonable. As referenced in the January 31 final rule, 
packaging manufacturers provided estimates of costs for the existing 
ATA specification 300 packagings and the new outer packaging. We 
utilized these estimates, in addition to our own research, in the 
regulatory evaluation (available for review in the public docket for 
this rulemaking). Although some of the figures provided by the 
commenters were slightly higher than ours, the differences were not 
significant. Accordingly, we believe that our estimate of a total cost 
of $10.8 million ($7.6 million discounted to present value) over 15 
years, for the transport of oxygen cylinders, and $27.0 million ($16.9 
million discounted to present value) over 15 years, for the costs 
associated with the transport of chemical oxygen generators, are 
reasonable estimates of the costs of this rulemaking despite the 
current lack of an available outer packaging in an after-market 
condition.
    United also refers to the statement in the January 31 final rule 
that DOT intends to submit a paper to the International Civil Aviation 
Organization (ICAO) Dangerous Goods Panel to propose that the ICAO 
Technical Instructions be amended consistent with the requirements of 
the packaging required by the January 31 rulemaking. United requests 
that a copy of such a U.S. proposal be placed in the public docket for 
HM-224B, and that the views of other air carriers in the international 
community be considered. United states that PHMSA should collect input 
from the international community before concluding rulemaking action in 
this docket because of the international aviation environment and 
PHMSA's expressed stance on the benefits of global harmonization. 
United also recommends that if the new requirements are adopted 
internationally through ICAO, the compliance dates for affected 
carriers should coincide to avoid unnecessary compliance complexity in 
the aviation industry.
    We agree that the international community should be considered when 
initiating any regulatory change that could potentially affect 
international commerce. As indicated in the January 31 final rule, it 
was PHMSA's intention to submit a working paper pertaining to this 
rulemaking for discussion at the meeting of the ICAO Dangerous Goods 
Panel (DGP). PHMSA submitted a paper to the DGP Working Group of the 
Whole (held April 30 to May 4, 2007) which provided information 
relative to the amendments to the HMR to enhance the requirements for 
the transportation of compressed oxygen, other oxidizing gases and 
chemical oxygen generators on aircraft. The working paper can be viewed 
on the public ICAO Web site at: http://www.icao.int/anb/FLS/DangerousGoods/FLSDG.cfm.
 A copy of this working paper has also been 

placed in the public docket for this rulemaking. However, we are not 
prepared to defer this rulemaking while changes to international 
standards are considered. As we explained in the January 31 final rule, 
the risk of an unintentional actuation of an oxygen generator or a 
cylinder containing oxygen or another oxidizing gas during an aircraft 
fire is a serious safety risk that we believe must be immediately 
addressed, without waiting for the outcome of international 
deliberations.
    United also contends that the final rule is inconsistent with 
PHMSA's expressed commitment to promote risk-based, data-driven, and 
cost-effective standards. United asserts that PHMSA justified the 
January 31 rulemaking on a worst-case scenario that was not supported 
by actual data in the record and that affected parties therefore should 
be given time to review and comment on such data. As explained in the 
January 31 final rule, we have utilized a risk-based approach to the 
air transportation of compressed oxygen cylinders and oxygen generators 
since the tragic events of the ValuJet Airlines crash in 1996. FAA has 
established through testing that cylinders of compressed oxygen release 
their contents at temperatures well below those that aircraft cargo 
compartment liners and structures are designed to withstand. When the 
surface temperature of a cylinder of compressed oxygen reaches 
approximately 300 [deg]F, the increase in internal pressure causes the 
cylinder's pressure relief device to open and release oxygen. The risk 
that such a release could vent directly into a fire significantly 
increases the risks posed by aircraft fires. FAA also found that use of 
an outer packaging specifically designed to provide both thermal 
protection and flame penetration may significantly lengthen the time a 
cylinder will retain its contents when exposed to fire or heat. 
Therefore, our rationale for this January 31 final rule is a 
continuation of our ongoing risk-based approach and is centered on the 
conclusions drawn from the ``Evaluation of Oxygen Cylinder Overpacks 
Exposed to Elevated Temperatures'' conducted by FAA (available for 
review in the public docket for this rulemaking).
    United also contends that PHMSA did not adequately address the 
potential of the new packaging requirements to restrict air travel by 
individuals who need compressed oxygen to travel. It states that 
additional packaging cost and other related costs could dissuade air 
carriers from providing this service. The commenter also states that 
although PHMSA requested information on this scenario in the January 31 
final rule, the impact could not be considered sufficiently without 
adequate and reliable information on the cost of the required 
packaging.
    PHMSA is acutely aware of the specific needs of individuals who 
require compressed oxygen to travel, and has maintained ongoing 
dialogue with FAA and other agencies in an attempt to minimize 
requirements that

[[Page 55094]]

may restrict their travel. For example, PHMSA and FAA have partnered 
with the Office of the Secretary of Transportation to develop a 
rulemaking that proposes to provide greater accommodations for persons 
with respiratory disabilities, and provide passengers free in-flight 
medical oxygen in accordance with applicable safety rules. See 
``Nondiscrimination on the Basis of Disability in Air Travel--Medical 
Oxygen and Portable Respiration Assistive Devices,'' Docket No. OST-
2005-22298, 70 FR 53108 (September 7, 2005), 70 FR 61241 (October 21, 
2005).
    The January 31 final rule complements the goal of providing a safer 
environment for people with disabilities by requiring cylinders of 
compressed oxygen and other oxidizing gases and packages of chemical 
oxygen generators to be placed in an outer packaging that meets certain 
flame penetration and thermal resistance requirements when transported 
aboard an aircraft. We note that the current regulations specified in 
Sec.  175.501 of the HMR allow for the use of oxygen by passengers in 
the aircraft cabin and provide for the stowage of a combined total of 
six cylinders of compressed oxygen, which, under the conditions 
specified in this section, do not require that they be placed in the 
new outer packaging.
    For the reasons cited above, the appeal to the requirement that an 
outer packaging for a cylinder containing compressed oxygen or another 
oxidizing gas and a package containing an oxygen generator must meet 
the standards adopted in the January 31 final rule is denied.

B. Test Method in Appendix D to Part 178 and Test Protocol for Outer 
Packaging

    The January 31 final rule amended the HMR by adding a thermal 
resistance test for packagings for oxygen cylinders and oxygen 
generators in a new appendix (Appendix D) to part 178. United 
recommends that PHMSA clarify the test method described in Paragraph 
4.1 of this appendix, which states, ``It is recommended that the 
cylinder be closed at ambient temperature and configured as when filled 
with a valve and pressure relief device. The oxygen generator must be 
filled and may be tested with or without packaging.'' United indicates 
that it understands from discussions that took place with PHMSA and its 
trade association after publication of the January 31 final rule that 
PHMSA did not intend to require testing of the outer packaging with 
inner receptacles containing hazardous materials. If an alternative 
filling material was intended, the commenter requests PHMSA clarify 
this portion of the appendix as applicable. United suggests that ``any 
alternate material should exhibit comparable heat-absorbing properties 
of compressed oxygen in the cylinder, or oxidizing solid in the 
generator.'' If, however, oven testing with packagings containing 
hazardous materials is required, the commenter is uncertain there is a 
testing facility capable of performing such a test.
    In publishing the January 31 final rule, it was our intention to 
permit the thermal resistance test to be conducted on an oxygen 
cylinder that is either empty or filled with nitrogen. It was also our 
intention that an oxygen generator must be tested completely filled 
with its oxidizing agent. Therefore, in this final rule, we are 
granting United's request to clarify the test method described in 
Appendix D to Part 178. In addition, we are also providing an 
alternative to the use of thermocouples specified in the test methods 
of Appendix D to part 178.
    United also expresses concern that the test protocol for outer 
packaging required by the January 31 final rule will change in the near 
future. For example, the commenter points out the footnote in the 
preamble at page 4444 of the January 31 final rule:

    The FAA is currently evaluating other non-ozone-depleting 
suppression agents that could eventually be used in cargo 
compartments. Some of these agents can maintain an adequate level of 
safety in the compartment, but the mean temperature may be slightly 
higher than 400 [deg]F, which is the level found during typical 
halon-suppressed fires. If an alternative agent is used, the oven 
soak temperature level may need to be adjusted accordingly.

    United states that the investment by itself and other air carriers 
in the newly required outer packaging is too substantial for the test 
performance temperature to be addressed in such vague terms. The 
commenter requests clarification of this statement and an assessment of 
the probability that it will result in a revision to the performance 
standard for outer packaging by, or relatively soon after, the October 
1, 2007 mandatory compliance date.
    We understand the commenter's concern regarding the footnote on 
page 4444 of the January 31 final rule which references FAA's ongoing 
evaluation of other non-ozone-depleting suppression agents that could 
eventually be used in cargo compartments. By including the footnote, 
our intention was to provide additional information about testing 
agents currently under consideration which may affect test performance 
temperatures. For clarification, FAA's halon replacement program was 
designed to develop minimum performance standards (MPS) for the various 
extinguishing systems used aboard aircraft. These MPS would establish a 
baseline test for new agents to demonstrate that the agent had 
comparable fire-fighting effectiveness to that of Halon 1211 and 1301. 
FAA has developed the MPS for hand-held fire extinguishers, waste bins, 
and cargo compartments. In addition, three halocarbon agents have been 
approved for use in hand-held fire extinguishers. While alternative 
agents are currently being evaluated, none have been approved for use 
on aircraft. Further, the FAA informs us that it has no plans at 
present to mandate the use of halon replacements. Therefore, we do not 
anticipate that a revision to the test protocol for outer packaging 
required by the January 31 final rule will occur in the near future.

C. Effective Date for Pressure Relief Device Settings on Cylinders of 
Compressed Oxygen and Other Oxidizing Gases

    The January 31 final rule revised the HMR to require a new limit on 
the pressure relief device (PRD) settings on cylinders containing 
compressed oxygen or other oxidizing gases when transported aboard 
aircraft. To ensure the cylinder contents are not released into an 
aircraft cargo compartment in the event of a fire, we amended the HMR 
to limit the PRD to a setting that will prevent it from releasing at 
temperatures the cylinder will experience while protected by the outer 
packaging. We also amended the HMR to require cylinders containing 
oxidizing gases, including oxygen, be equipped with PRDs that have a 
set pressure equal to the cylinder test pressure with allowable 
tolerances of -10 to plus zero percent. The effective date of this 
requirement for cylinders containing compressed oxygen and oxidizing 
gases was established in the January 31 final rule as the first 
requalification test due after October 1, 2007.
    United requests that PHMSA delay the mandatory effective date from 
October 1, 2007 until October 1, 2008 in order to allow it and other 
air carriers to come into compliance with this requirement of the 
January 31 final rule. United states that ``after cylinder 
manufacturers develop and implement new designs, conduct any required 
testing, complete the detailed approval process, and [sic] manufacture 
and distribute the new PRDs, it then will be

[[Page 55095]]

necessary to transport these cylinders as air cargo to assure global 
distribution to all of United's facilities where replacements might 
need to be installed, and to accommodate breathing-oxygen needs for 
impaired passengers as part of United's current effort to serve such 
customers.'' In addition, United states that procedures for oxygen 
cylinder maintenance and quality assurance programs must be revised, 
prompting additional training, testing and certification of both 
employees and their supervisors, and that ``in addition to all the 
cylinders that may come due for periodic retest as early as October 1, 
2007, it is assumed that any new oxygen cylinders purchased as 
replacement parts will need to be equipped with the new PRD as of that 
date.'' United states the demand for PRDs will likely peak around the 
October 1, 2007 effective date specified in the January 31 final rule, 
and it foresees an inadequate supply of PRDs. The commenter further 
states that it has over 6,500 cylinders affected by this rule and, 
after discussions with the manufacturers of these cylinders and 
external repair facilities, it is concerned that bringing its cylinders 
into compliance with this requirement by the January 31 final rule 
effective date will not be achievable.
    We accept the likelihood that more time may be necessary to allow 
for the testing, approval, distribution, and training associated with 
this requirement of the January 31 final rule. Therefore, we are 
extending the effective date for this provision from October 1, 2007 
until October 1, 2008. By this revised date, the HMR requires a new 
limit on the PRD settings on cylinders containing compressed oxygen or 
other oxidizing gases when transported aboard aircraft. The effective 
date of this requirement for cylinders containing compressed oxygen and 
oxidizing gases is established as the first requalification test due 
after October 1, 2008.
    In the January 31 final rule, we added a new Sec.  173.168 that 
would: (1) Specify the means to be incorporated into an oxygen 
generator to prevent inadvertent actuation; (2) require the oxygen 
generator to be capable of withstanding a 1.8 meter drop with no loss 
of contents or actuation; and (3) specify packaging, shipping paper, 
and marking requirements for those oxygen generators that are installed 
in a piece of equipment sealed or otherwise packaged so it is difficult 
to determine if an oxygen generator is present. The effective date of 
these new requirements is October 1, 2007, except for the packaging 
requirement in paragraph (d) of Sec.  173.168, which becomes effective 
on September 30, 2009. We received a request for clarification 
regarding these effective dates. One commenter requests clarification 
as to whether the requirements prior to the January 31 final rule 
pertaining to chemical oxygen generators, particularly approvals, were 
intended to remain in effect until the effective date of the January 31 
final rule. For clarification, our intention in the January 31 final 
rule was for the current requirements concerning chemical oxygen 
generators, including approvals, to remain in effect until the overall 
effective date of the January 31 final rule. A similar issue was raised 
by the same commenter concerning the additional requirements for 
shipment of nonliquefied (permanent) and liquefied compressed gases in 
specification cylinders found in Sec. Sec.  173.302a and 173.304a, 
respectively. The commenter asks whether it was PHMSA's intention to 
continue current outer packaging requirements for non-liquefied 
(permanent) and liquefied compressed gases in specification cylinders 
until the effective dates specified in these revised sections.
    The answer is yes. It was also our intention in the January 31 
final rule that the current requirements for the shipment of 
nonliquefied and liquefied compressed gases in specification cylinders 
remain in effect until the effective dates specified under these 
revised sections. In this final rule, we are revising the amendments to 
Sec. Sec.  173.302a and 173.304a to clarify these effective dates and 
are re-designating them under new paragraph (f) of Sec.  173.302--
``Filling of cylinders with non-liquefied (permanent) compressed 
gases--'' and new paragraph (f) of Sec.  173.304--``Filling of 
cylinders with liquefied compressed gases--'' respectively, to provide 
a more logical, user-friendly format. We are also revising Sec.  
173.301 to direct the user to these new paragraphs.

D. Marking Requirements

    United also urges PHMSA to take further steps to ensure easier 
identification of cylinders equipped with the new PRD and outer 
packagings meeting the flame penetration and thermal resistance 
requirements. In its appeal, the commenter requests that PHMSA require 
manufacturers to distinguish between the modified cylinders, as well as 
the modified outer packaging, through the use of a uniform marking 
requirement. United asserts that such a marking requirement would have 
the benefit of clarifying DOT's jurisdiction over the manufacturers, 
specifically with respect to compliance with testing, hazmat employee 
training, and record-keeping provisions. In addition, United states 
that a consistent visible mechanism will allow its employees and DOT 
enforcement officials to determine whether a UN or ATA Specification 
300 outer packaging meets the new rule versus prior requirements, and 
to identify with reliable ease and certainty which DOT and UN cylinders 
are authorized to transport specific hazardous materials by air. United 
stresses the importance of such a provision because of the common 
airline industry practice of conducting code share operations and 
participating in loaned parts programs.
    PHMSA acknowledges the commenters' concerns that current labeling 
and marking requirements may not fully identify cylinders equipped with 
the new PRD and outer packagings meeting the flame penetration and 
thermal resistance requirements of the January 31 final rule. However, 
because we did not propose any additional marking or labeling 
requirements in the NPRM, we cannot formally adopt a uniform marking or 
labeling requirement in this final rule. Any new marking or labeling 
requirement must be proposed in a future rulemaking to allow for public 
comment. Instead, PHMSA and FAA have developed a voluntary marking that 
may be affixed to an outer packaging meeting the flame penetration and 
thermal resistance requirements of the January 31 final rule to 
indicate compliance with these provisions of the regulations. The 
marking is as follows:

DOT31FP

    We emphasize that this marking is not a requirement. We will 
consider proposing this marking as a uniform marking requirement in a 
future rulemaking, and, if this or some other marking is adopted, it 
would be incorporated into the HMR as an acceptable indication that the 
outer packaging meets the flame penetration and thermal resistance 
requirements and is in compliance with the requirements of the January 
31 final rule.

E. Authorized Cylinders for Compressed Oxygen and Other Oxidizing Gases

    The January 31 final rule revised the HMR to limit cylinders 
authorized for the transportation of compressed oxygen and other 
oxidizing gases aboard aircraft to DOT specifications 3A, 3AA, 3AL, and 
3HT in order to minimize numerous PRD setting requirements for oxygen 
cylinders aboard aircraft.
    Barlen comments that DOT 39 and DOT 3E cylinders are safer than 3AL 
cylinders and questions why these

[[Page 55096]]

cylinders were eliminated in the January 31 final rule. PSI, a 
manufacturer of high-pressure steel DOT 39 and DOT 3E cylinders, 
requests reconsideration of the requirement to limit cylinders 
authorized for the transportation of compressed oxygen aboard aircraft 
and a delay in implementation of the requirements of the January 31 
final rule. This commenter states the majority of the cylinders it 
manufactures are sold to companies producing gas mixtures used for gas 
calibration equipment and medical devices, such as blood gas analyzers. 
PSI notes that although DOT 3A and DOT 3AA cylinders are allowed in the 
January 31 final rule, these cylinders are not used for calibration gas 
mixtures because of their excessive weight. The commenter asserts that 
the requirements in the January 31 final rule would effectively ban the 
use of the only cylinders it manufactures. PSI adds that testing has 
shown steel DOT 39 and DOT 3E cylinders will survive fires for longer 
periods of time and be more resistant to higher failure temperatures 
than aluminum 3AL cylinders, and, along with Barlen, requests DOT to 
consider permitting the use of these cylinder types in addition to the 
DOT 3AL cylinders specified in the January 31 final rule. In addition, 
PSI requests DOT to allow limited quantities of oxygen-rich calibration 
gas mixtures to be transported on non-passenger aircraft such as those 
operated by Federal Express and UPS. Finally, PSI requests a delay in 
the implementation of this rule to allow for presentation of additional 
information.
    We agree with the commenters that including DOT 39 and DOT 3E 
cylinders as cylinders authorized for the transportation of compressed 
oxygen and other oxidizing gases aboard aircraft does not pose an 
additional safety hazard and will provide carriers more flexibility 
when transporting these materials aboard aircraft. Therefore, we are 
revising the HMR to limit cylinders authorized for the transportation 
of compressed oxygen and other oxidizing gases aboard aircraft to DOT 
specifications 39, 3A, 3AA, 3AL, 3E, and 3HT, and UN pressure 
receptacles ISO 9809-1, ISO 9809-2, ISO 9809-3 and ISO 7866 cylinders, 
including a new limit on the PRD settings.

F. Miscellaneous Issues

    Currently, Sec.  173.302(c) specifies that an authorized cylinder 
containing oxygen continuously fed to tanks containing live fish may be 
offered for transportation and transported. One commenter, the Good 
View Trading Company (GVT), expresses concern about the impact that the 
new outer packaging requirement in the January 31 final rule will have 
on the current exceptions for live fish transported aboard aircraft. In 
publishing the January 31 final rule, our intention was not to 
eliminate this exception. Therefore, for clarification, we are revising 
this section to specifically except it from the new outer packaging 
requirements.
    In addition, on May 3, 2007, PHMSA published a final rule under 
Docket No. PHMSA-2005-23141 (HM-215F) in the Federal Register (72 FR 
25161). The HM-215F final rule amended the HMR to revise and 
consolidate the requirements applicable to the use of the International 
Civil Aviation Organization's Technical Instructions for the Safe 
Transport of Dangerous Goods by Air, the International Maritime 
Dangerous Goods Code, Transport Canada's Transportation of Dangerous 
Goods Regulations, and the International Atomic Energy Agency's Safety 
Standards Series: Regulations for the Safe Transport of Radioactive 
Material. The revisions and reformatting provide a user-friendly format 
to promote understanding of the conditions and limitations on the use 
of international standards and regulations. In the HM-215F final rule, 
the ICAO Technical Instructions (formerly Sec.  171.11) were re-
designated as new Sec.  171.24. As a result of this designation, the 
revisions adopted in this section under the January 31 final rule were 
inadvertently omitted. Therefore, we are republishing new Sec.  171.24 
as amended in the January 31 final rule for clarification.

III. Regulatory Analyses and Notices

A. Statutory/Legal Authority for Rulemaking

    This final rule is published under the authority of Federal 
hazardous materials transportation law (Federal hazmat law; 49 U.S.C. 
5101 et seq.). Section 5103(b) of Federal hazmat law authorizes the 
Secretary of Transportation to prescribe regulations for the safe 
transportation, including security, of hazardous material in 
intrastate, interstate, and foreign commerce.

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule is not a significant action under section 3(f) of 
Executive Order 12866 and was not reviewed by the Office of Management 
and Budget. This final rule is not a significant action under the 
Regulatory Policies and Procedures of the Department of Transportation. 
The revisions adopted in this final rule do not alter the cost-benefit 
analysis and conclusions contained in the Regulatory Evaluation 
prepared for the January 31, 2007 final rule. The Regulatory Evaluation 
is available for review in the public docket for this rulemaking.

 C. Executive Order 13132

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''). This 
final rule preempts State, local and Indian tribe requirements, but 
does not amend any regulation that has direct effects on the States, 
the relationship between the national government and the States, or the 
distribution of power and responsibilities among the various levels of 
government. Therefore, the consultation and funding requirements of 
Executive Order 13132 do not apply.
    The Federal hazardous materials transportation law, 49 U.S.C. 5101-
5127, contains an express preemption provision (49 U.S.C. 5125(b)) that 
preempts State, local, and Indian tribe requirements on the following 
subjects:
    (1) The designation, description, and classification of hazardous 
material;
    (2) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous material;
    (3) The preparation, execution, and use of shipping documents 
related to hazardous material and requirements related to the number, 
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous material; and
    (5) The design, manufacture, fabrication, marking, maintenance, 
recondition, repair, or testing of a packaging or container 
represented, marked, certified, or sold as qualified for use in 
transporting hazardous material.
    This final rule addresses items 2 and 5 above and preempts any 
State, local, or Indian tribe requirements not meeting the 
``substantially the same'' standard.
    Federal hazardous materials transportation law provides at Sec.  
5125(b)(2) that, if DOT issues a regulation concerning any of the 
covered subjects, DOT must determine and publish in the Federal 
Register the effective date of Federal preemption. The effective date 
may not be earlier than the 90th day following the date of issuance of 
the final rule and not later than two years after the date of issuance. 
This effective date of preemption is 90 days after the publication of 
this final rule in the Federal Register.

[[Page 55097]]

D. Executive Order 13175

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive order 13175 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this final rule 
will not have tribal implications, does not impose substantial direct 
compliance costs on Indian tribal governments, and does not preempt 
tribal law, the funding and consultation requirements of Executive 
Order 13175 do not apply, and a tribal summary impact statement is not 
required.

E. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Procedures and Policies

    The Regulatory Flexibility Act of 1980 requires an agency to review 
regulations to assess their impact on small entities unless the agency 
determines that a rule is not expected to have a significant impact on 
a substantial number of small entities. This final rule will not impose 
increased compliance costs on the regulated industry. The revisions, 
clarifications, and corrections we are making to the January 31, 2007 
final rule will provide regulatory relief to persons transporting 
compressed oxygen, other oxidizing gases and chemical oxygen generators 
on aircraft by: Delaying the mandatory effective date from October 1, 
2007 until October 1, 2008 to require a new limit on the pressure 
relief device (PRD) settings on cylinders containing compressed oxygen 
or other oxidizing gases when transported aboard aircraft; clarifying 
the thermal resistance test methods for packagings for oxygen cylinders 
and oxygen generators in Appendix D to Part 178, including DOT 
specification 3E and 39 cylinders to the types of cylinders authorized 
for the transportation of compressed oxygen and other oxidizing gases 
aboard aircraft; and providing a marking option to ensure easier 
identification of cylinders equipped with the new PRD and outer 
packagings meeting the flame penetration and thermal resistance 
requirements. Thus, DOT has determined that this final rule will not 
have a significant impact on a substantial number of small entities. 
Accordingly, pursuant to the Regulatory Flexibility Act, 5 U.S.C. 
605(b), DOT certifies that this rule will not have a significant 
economic impact on a substantial number of small entities. Therefore, I 
certify that this rule will not have a significant economic impact on a 
substantial number of small entities.
    This final rule has been developed in accordance with Executive 
Order 13272 (``Proper Consideration of Small Entities in Agency 
Rulemaking'') and DOT's procedures and policies to promote compliance 
with the Regulatory Flexibility Act to ensure that potential impacts of 
draft rules on small entities are properly considered.

 F. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (the Act) is intended, 
among other things, to curb the practice of imposing unfunded Federal 
mandates on State, local, and tribal governments. Title II of the Act 
requires each Federal agency to prepare a written statement assessing 
the effects of any Federal mandate in a proposed or final agency rule 
that may result in an expenditure of $100 million or more (adjusted 
annually for inflation) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action.'' The FAA currently 
uses an inflation-adjusted value of $128.1 million in lieu of $100 
million.
    This final rule does not contain such a mandate. The requirements 
of Title II do not apply.

G. Paperwork Reduction Act

    PHMSA currently has approved information collections under OMB 
Control Number 2137-0572, ``Testing Requirements for Non-Bulk 
Packaging'' with an expiration date of March 31, 2010, and OMB Control 
Number 2137-0557, ``Approvals for Hazardous Materials'' with an 
expiration date of March 31, 2008. This final rule imposes no new 
information collection and recordkeeping requirements.

H. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN number contained in the heading 
of this document can be used to cross-reference this action with the 
Unified Agenda.

I. Privacy Act

    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.


List of Subjects

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste, 
Labeling, Markings, Packaging and containers, Reporting and 
recordkeeping requirements.

49 CFR Part 173

    Hazardous materials transportation, Packaging and containers, 
Radioactive materials, Reporting and recordkeeping requirements, 
Uranium.

49 CFR Part 175

    Air carriers, Hazardous materials transportation, Radioactive 
materials, Reporting and recordkeeping requirements.

49 CFR Part 178

    Hazardous materials transportation, Motor vehicle safety, Packaging 
and containers, Reporting and recordkeeping requirements.


0
In consideration of the foregoing, we are amending 49 CFR Chapter I as 
follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
1. The authority citation for part 171 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53; 
Pub. L. 101-410, section 4 (28 U.S.C. 2461 note); Pub. L. 104-134, 
section 31001.


0
2. In Sec.  171.24, paragraph (d)(2) as added on May 3, 2007 (72 FR 
25172) effective October 1, 2007, is revised to read as follows:


Sec.  171.24  Additional requirements for the use of ICAO Technical 
Instructions.

* * * * *
    (d) * * *
    (2) A package containing Oxygen, compressed, or any of the 
following oxidizing gases must be packaged as required by Parts 173 and 
178 of this subchapter: carbon dioxide and oxygen mixtures, compressed; 
compressed gas, oxidizing, n.o.s.; liquefied gas, oxidizing, n.o.s.; 
nitrogen trifluoride; and nitrous oxide.
* * * * *

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND 
PACKAGINGS

0
3. The authority citation for part 173 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53.


[[Page 55098]]



0
4. In Sec.  173.168, as added on January 31, 2007, paragraphs (d) 
introductory text, (d)(1), (d)(2) introductory text and (d)(2)(i) are 
revised to read as follows:


Sec.  173.168  Chemical oxygen generators.

* * * * *
    (d) Packaging. A chemical oxygen generator and a chemical oxygen 
generator installed in equipment, (e.g., a PBE) must be placed in a 
rigid outer packaging that--
    (1) Conforms to the requirements of either:
    (i) Part 178, subparts L and M, of this subchapter at the Packing 
Group I or II performance level; or
    (ii) The performance criteria in Air Transport Association (ATA) 
Specification No. 300 for a Category I Shipping Container.
    (2) After September 30, 2009, with its contents, is capable of 
meeting the following additional requirements when transported by 
cargo-only aircraft:
    (i) The Flame Penetration Resistance Test in Appendix E to part 178 
of this subchapter;
* * * * *

0
5. In Sec.  173.301, paragraph (f)(3) is revised to read as follows:


Sec.  173.301  General requirements for shipment of compressed gases 
and other hazardous materials in cylinders, UN pressure receptacles and 
spherical pressure vessels.

* * * * *
    (f) * * *
    (3) For a specification 3, 3A, 3AA, 3AL, 3AX, 3AXX, 3B, 3BN, or 3T 
cylinder filled with gases in other than Division 2.2 (except oxygen 
and oxidizing gases transported by aircraft, see Sec. Sec.  173.302(f) 
and 173.304(f)), beginning with the first requalification due after 
December 31, 2003, the burst pressure of a CG-1, CG-4, or CG-5 pressure 
relief device must be at test pressure with a tolerance of plus zero to 
minus 10%. An additional 5% tolerance is allowed when a combined 
rupture disk is placed inside a holder. This requirement does not apply 
if a CG-2, CG-3, or CG-9 thermally activated relief device or a CG-7 
reclosing pressure valve is used on the cylinder.
* * * * *

0
6. In Sec.  173.302, paragraph (c) is revised and a new paragraph (f) 
is added to read as follows:


Sec.  173.302  Filling of cylinders with non-liquefied (permanent) 
compressed gases.

* * * * *
    (c) Notwithstanding the provisions of Sec. Sec.  173.24(b)(1) and 
paragraph (f) of this section, an authorized cylinder containing oxygen 
continuously fed to tanks containing live fish may be offered for 
transportation and transported.
* * * * *
    (f) Compressed oxygen and oxidizing gases by aircraft. A cylinder 
containing oxygen, compressed; compressed gas, oxidizing, n.o.s.; or 
nitrogen trifluoride is authorized for transportation by aircraft only 
when it meets the following requirements:
    (1) Only DOT specification 3A, 3AA, 3AL, 3E, 3HT, and 39 cylinders, 
and UN pressure receptacles ISO 9809-1, ISO 9809-2, ISO 9809-3 and ISO 
7866 cylinders are authorized.
    (2) Cylinders must be equipped with a pressure relief device in 
accordance with Sec.  173.301(f) and, for DOT 39 cylinders offered for 
transportation after October 1, 2008, for the other DOT specification 
cylinders with the first requalification due after October 1, 2008, or 
for the UN pressure receptacles prior to initial use:
    (i) The rated burst pressure of a rupture disc for DOT 3A, 3AA, 
3AL, 3E, and 39 cylinders, and UN pressure receptacles ISO 9809-1, ISO 
9809-2, ISO 9809-3 and ISO 7866 cylinders must be 100% of the cylinder 
minimum test pressure with a tolerance of plus zero to minus 10%; and
    (ii) The rated burst pressure of a rupture disc for a DOT 3HT 
cylinder must be 90% of the cylinder minimum test pressure with a 
tolerance of plus zero to minus 10%.
    (3) The cylinder must be placed in a rigid outer packaging that--
    (i) Conforms to the requirements of either part 178, subparts L and 
M of this subchapter at the Packing Group I or II performance level or 
the performance criteria in Air Transport Association (ATA) 
Specification No. 300 for a Category I Shipping Container;
    (ii) After September 30, 2009, is capable of passing, as 
demonstrated by design testing, the Flame Penetration Resistance Test 
in Appendix E to part 178 of this subchapter; and
    (iii) Prior to each shipment, passes a visual inspection that 
verifies that all features of the packaging are in good condition, 
including all latches, hinges, seams, and other features, and that the 
packaging is free from perforations, cracks, dents, or other abrasions 
that may negatively affect the flame penetration resistance and thermal 
resistance characteristics of the packaging.
    (4) After September 30, 2009, the cylinder and the outer packaging 
must be capable of passing, as demonstrated by design testing, the 
Thermal Resistance Test specified in Appendix D to part 178 of this 
subchapter.
    (5) The cylinder and the outer packaging must both be marked and 
labeled in accordance with part 172, subparts D and E of this 
subchapter. The additional marking ``DOT31FP,'' is allowed to indicate 
that the cylinder and the outer packaging are capable of passing, as 
demonstrated by design testing, the Thermal Resistance Test specified 
in Appendix D to part 178 of this subchapter.
    (6) A cylinder of compressed oxygen that has been furnished by an 
aircraft operator to a passenger in accordance with 14 CFR Sec. Sec.  
121.574, 125.219, or 135.91 is excepted from the outer packaging 
requirements of paragraph (f)(3) of this section.


Sec.  173.302a  [Amended]

0
7. In Sec.  173.302a, as amended on January 31, 2007, paragraph (f) is 
removed.

0
8. In Sec.  173.304, a new paragraph (f) is added to read as follows:


Sec.  173.304  Filling of cylinders with liquefied compressed gases.

* * * * *
    (f) Oxidizing gases by aircraft. A cylinder containing carbon 
dioxide and oxygen mixture, compressed; liquefied gas, oxidizing, 
n.o.s.; or nitrous oxide is authorized for transportation by aircraft 
only when it meets the following requirements:
    (1) Only DOT specification 3A, 3AA, 3AL, 3E, 3HT, and 39 cylinders, 
and UN pressure receptacles ISO 9809-1, ISO 9809-2, ISO 9809-3 and ISO 
7866 cylinders are authorized.
    (2) Cylinders must be equipped with a pressure relief device in 
accordance with Sec.  173.301(f) and, for DOT 39 cylinders offered for 
transportation after October 1, 2008, for the other DOT specification 
cylinders with the first requalification due after October 1, 2008, or 
for the UN pressure receptacles prior to initial use:
    (i) The rated burst pressure of a rupture disc for DOT 3A, 3AA, 
3AL, 3E and 39 cylinders, and UN pressure receptacles ISO 9809-1, ISO 
9809-2, ISO 9809-3 and ISO 7866 cylinders must be 100% of the cylinder 
minimum test pressure with a tolerance of plus zero to minus 10%; and
    (ii) The rated burst pressure of a rupture disc for a DOT 3HT 
cylinder must be 90% of the cylinder minimum test pressure with a 
tolerance of plus zero to minus 10%.
    (3) The cylinder must be placed in a rigid outer packaging that--
    (i) Conforms to the requirements of either part 178, subparts L and 
M, of this subchapter at the Packing Group I or II performance level, 
or the

[[Page 55099]]

performance criteria in Air Transport Association (ATA) Specification 
No. 300 for a Category I Shipping Container;
    (ii) After September 30, 2009, is capable of passing, as 
demonstrated by design testing, the Flame Penetration Resistance Test 
in part III of Appendix E to part 78 of this subchapter; and
    (iii) Prior to each shipment, passes a visual inspection that 
verifies that all features of the packaging are in good condition, 
including all latches, hinges, seams, and other features, and the 
packaging is free from perforations, cracks, dents, or other abrasions 
that may negatively affect the flame penetration resistance and thermal 
resistance characteristics of the container.
    (4) After September 30, 2009, the cylinder and the outer packaging 
must be capable of passing, as demonstrated by design testing, the 
Thermal Resistance Test specified in Appendix D to part 178 of this 
subchapter.
    (5) The cylinder and the outer packaging must both be marked and 
labeled in accordance with part 172, subparts D and E of this 
subchapter. The additional marking ``DOT31FP,'' is allowed to indicate 
that the cylinder and the outer packaging are capable of passing, as 
demonstrated by design testing, the Thermal Resistance Test specified 
in Appendix D to part 178 of this subchapter.
    (6) A cylinder of compressed oxygen that has been furnished by an 
aircraft operator to a passenger in accordance with 14 CFR 121.574, 
125.219, or 135.91 is excepted from the outer packaging requirements of 
paragraph (f)(3) of this section.


Sec.  173.304a  [Amended]

0
9. In Sec.  173.304a, as amended on January 1, 2007, paragraph (f) is 
removed.

PART 175--[AMENDED]

0
10. The authority citation for part 175 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.53.


0
11. In Sec.  175.501, as amended on January 1, 2007, paragraph 
(e)(5)(i) is revised to read as follows:


Sec.  175.501  Special requirements for oxidizers and compressed 
oxygen.

* * * * *
    (e) * * *
    (5) * * *
    (i) Sections 173.302(f) and 173.304(f) of this subchapter, subpart 
C of part 172 of this subchapter, and, for passengers only, subpart H 
of part 172 of this subchapter;
* * * * *

PART 178--[AMENDED]

0
12. The authority citation for part 178 continues to read as follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.


0
13. In appendix D to part 178, as added on January 1, 2007, paragraph 
2.2 and paragraph 4.1 are revised to read as follows:

Appendix D to Part 178

Thermal Resistance Test

* * * * *
    2. * * *
    2.2 Thermocouples. At least three thermocouples must be used to 
monitor the temperature inside the oven and an additional three 
thermocouples must be used to monitor the temperature of the 
cylinder. The thermocouples must be \1/16\ inch, ceramic packed, 
metal sheathed, type K (Chromel-Alumel), grounded junction with a 
nominal 30 American wire gauge (AWG) size conductor. The 
thermocouples measuring the temperature inside the oven must be 
placed at varying heights to ensure even temperature and proper 
heat-soak conditions. For the thermocouples measuring the 
temperature of the cylinder: (1) Two of them must be placed on the 
outer cylinder side wall at approximately 2 inches (5 cm) from the 
top and bottom shoulders of the cylinder; and (2) one must be placed 
on the cylinder valve body near the pressure relief device. 
Alternatively, the thermocouples may be replaced with other devices 
such as a remote temperature sensor, metal fuse on the valve, or 
coated wax, provided the device is tested and the test report is 
retained for verification. Under this alternative, it is permissible 
to record the highest temperature to which the cylinder is subjected 
instead of temperature measurements in intervals of not more than 
five (5) minutes.
* * * * *
    4. * * *
    4.1 It is recommended that the cylinder be closed at ambient 
temperature and configured as when filled with a valve and pressure 
relief device. The oxygen generator must be filled with an oxidizing 
agent and may be tested with or without packaging.
* * * * *


0
14. A new Appendix E to part 178 is added to read as follows:

Appendix E to Part 178--Flame Penetration Resistance Test

    (a) Criteria for Acceptance. (1) At least three specimens of the 
outer packaging materials must be tested;
    (2) Each test must be conducted on a flat 16 inch x 24 inch test 
specimen mounted in the horizontal ceiling position of the test 
apparatus to represent the outer packaging design;
    (3) Testing must be conducted on all design features (latches, 
seams, hinges, etc.) affecting the ability of the outer packaging to 
safely prevent the passage of fire in the horizontal ceiling 
position; and
    (4) There must be no flame penetration of any specimen within 5 
minutes after application of the flame source and the maximum 
allowable temperature at a point 4 inches above the test specimen, 
centered over the burner cone, must not exceed 205 [deg]C (400 
[deg]F).
    (b) Summary of Method. This method provides a laboratory test 
procedure for measuring the capability of cargo compartment lining 
materials to resist flame penetration with a 2 gallon per hour (GPH) 
2 Grade kerosene or equivalent burner fire source. Ceiling 
and sidewall liner panels may be tested individually provided a 
baffle is used to simulate the missing panel. Any specimen that 
passes the test as a ceiling liner panel may be used as a sidewall 
liner panel.
    (c) Test Specimens. (1) The specimen to be tested must measure 
16 \1/8\ inches (406 3 mm) by 24+\1/8\ 
inches (610 3 mm).
    (2) The specimens must be conditioned at 70 [deg]F. < plus-
minus>5 [deg]F. (21 [deg]C. 2 [deg]C.) and 55% 5% humidity for at least 24 hours before testing.
    (d) Test Apparatus. The arrangement of the test apparatus must 
include the components described in this section. Minor details of 
the apparatus may vary, depending on the model of the burner used.
    (1) Specimen Mounting Stand. The mounting stand for the test 
specimens consists of steel angles.
    (2) Test Burner. The burner to be used in tesing must--
    (i) Be a modified gun type.
    (ii) Use a suitable nozzle and maintain fuel pressure to yield a 
2 GPH fuel flow. For example: An 80 degree nozzle nominally rated at 
2.25 GPH and operated at 85 pounds per square inch (PSI) gauge to 
deliver 2.03 GPH.
    (iii) Have a 12 inch (305 mm) burner extension installed at the 
end of the draft tube with an opening 6 inches (152 mm) high and 11 
inches (280 mm) wide.
    (iv) Have a burner fuel pressure regulator that is adjusted to 
deliver a nominal 2.0 GPH of 2 Grade kerosene or 
equivalent.
    Burner models which have been used successfully in testing are 
the Lenox Model OB-32, Carlin Model 200 CRD and Park Model DPL.
    (3) Calorimeter. (i) The calorimeter to be used in testing must 
be a total heat flux Foil Type Gardon Gage of an appropriate range 
(approximately 0 to 15.0 British thermal unit (BTU) per ft.\2\ sec., 
0-17.0 watts/cm\2\). The calorimeter must be mounted in a 6 inch by 
12 inch (152 by 305 mm) by \3/4\ inch (19 mm) thick insulating block 
which is attached to a steel angle bracket for placement in the test 
stand during burner calibration as shown in Figure 2 of this part of 
this appendix.
    (ii) The insulating block must be monitored for deterioration 
and the mounting shimmed as necessary to ensure that the calorimeter 
face is parallel to the exit plane of the test burner cone.
    (4) Thermocouples. The seven thermocouples to be used for 
testing must be

[[Page 55100]]

\1/16\ inch ceramic sheathed, type K, grounded thermocouples with a 
nominal 30 American wire gage (AWG) size conductor. The seven 
thermocouples must be attached to a steel angle bracket to form a 
thermocouple rake for placement in the test stand during burner 
calibration.
    (5) Apparatus Arrangement. The test burner must be mounted on a 
suitable stand to position the exit of the burner cone a distance of 
8 inches from the ceiling liner panel and 2 inches from the sidewall 
liner panel. The burner stand should have the capability of allowing 
the burner to be swung away from the test specimen during warm-up 
periods.
    (6) Instrumentation. A recording potentiometer or other suitable 
instrument with an appropriate range must be used to measure and 
record the outputs of the calorimeter and the thermocouples.
    (7) Timing Device. A stopwatch or other device must be used to 
measure the time of flame application and the time of flame 
penetration, if it occurs.
    (e) Preparation of Apparatus. Before calibration, all equipment 
must be turned on and allowed to stabilize, and the burner fuel flow 
must be adjusted as specified in paragraph (d)(2).
    (f) Calibration. To ensure the proper thermal output of the 
burner the following test must be made:
    (1) Remove the burner extension from the end of the draft tube. 
Turn on the blower portion of the burner without turning the fuel or 
igniters on. Measure the air velocity using a hot wire anemometer in 
the center of the draft tube across the face of the opening. Adjust 
the damper such that the air velocity is in the range of 1550 to 
1800 ft./min. If tabs are being used at the exit of the draft tube, 
they must be removed prior to this measurement. Reinstall the draft 
tube extension cone.
    (2) Place the calorimeter on the test stand as shown in Figure 2 
at a distance of 8 inches (203 mm) from the exit of the burner cone 
to simulate the position of the horizontal test specimen.
    (3) Turn on the burner, allow it to run for 2 minutes for warm-
up, and adjust the damper to produce a calorimeter reading of 8.0 
0.5 BTU per ft.\2\ sec. (9.1 0.6 Watts/
cm\2\).
    (4) Replace the calorimeter with the thermocouple rake.
    (5) Turn on the burner and ensure that each of the seven 
thermocouples reads 1700 [deg]F. 100 [deg]F. (927 
[deg]C. 38 [deg]C.) to ensure steady state conditions 
have been achieved. If the temperature is out of this range, repeat 
steps 2 through 5 until proper readings are obtained.
    (6) Turn off the burner and remove the thermocouple rake.
    (7) Repeat (1) to ensure that the burner is in the correct 
range.
    (g) Test Procedure. (1) Mount a thermocouple of the same type as 
that used for calibration at a distance of 4 inches (102 mm) above 
the horizontal (ceiling) test specimen. The thermocouple should be 
centered over the burner cone.
    (2) Mount the test specimen on the test stand shown in Figure 1 
in either the horizontal or vertical position. Mount the insulating 
material in the other position.
    (3) Position the burner so that flames will not impinge on the 
specimen, turn the burner on, and allow it to run for 2 minutes. 
Rotate the burner to apply the flame to the specimen and 
simultaneously start the timing device.
    (4) Expose the test specimen to the flame for 5 minutes and then 
turn off the burner. The test may be terminated earlier if flame 
penetration is observed.
    (5) When testing ceiling liner panels, record the peak 
temperature measured 4 inches above the sample.
    (6) Record the time at which flame penetration occurs if 
applicable.
    (h) Test Report. The test report must include the following:
    (1) A complete description of the materials tested including 
type, manufacturer, thickness, and other appropriate data.
    (2) Observations of the behavior of the test specimens during 
flame exposure such as delamination, resin ignition, smoke, etc., 
including the time of such occurrence.
    (3) The time at which flame penetration occurs, if applicable, 
for each of the three specimens tested.

    Issued in Washington, DC, on September 17, 2007 under authority 
delegated in 49 CFR part 1.
Krista Edwards,
Acting Administrator.
[FR Doc. E7-19207 Filed 9-27-07; 8:45 am]

BILLING CODE 4910-60-P
